News
DOJ formally opposes Trillanes partial appeal in Makati court
“The State cannot be estopped nor be held hostage by the misrepresentations of accused Trillanes. The applicaton and enforcement of the law by public officers do not bar subsequent application by the State,” it added.
MANILA — Government lawyers on Monday formally opposed the motion for partial reconsideration filed by the lawyers of Senator Antonio Trillanes IV before the Makati Regional Trial Court (RTC) Branch 148.
In the six-page plea, the Department of Justice (DOJ) panel – led by Senior State Prosecutor Juan Pedro Navera – reiterated its position that Trillanes’ pronouncements that he did not admit guilt in the coup d’ etat charges invalidated his amnesty.
“(E)ven if accused Trillanes did file an application for amnesty, his subsequent public pronouncement that he did not admit guilt should be taken against him, and this should have been considered an express withdrawal of that application,” the DOJ said.
“The State cannot be estopped nor be held hostage by the misrepresentations of accused Trillanes. The applicaton and enforcement of the law by public officers do not bar subsequent application by the State,” it added.
Describing the nature of amnesty, the DOJ said it is “an act of clemency, which is an executive function.”
The Justice Department also pointed out that Trillanes was accorded due process and explained that the Armed Forces of the Philippines and the Philippine National Police were ordered to employ lawful means to apprehend the accused.
“Necessarily therefore, any action that the State agents can take against accused Trillanes, will be available only after going through the lawful processes of this court,” the DOJ said.
Prosecutors also insist that the partial motion for reconsideration of Trillanes is filed out of time as it was filed 13 days from the receipt of the order.
“Thus having been filed out of time, it is a mere scrap of paper,” the DOJ said.
In an order, Makati RTC Branch 148 Judge Andres Soriano upheld the validity of Proclamation No. 572 declaring as void the amnesty granted to Trillanes, but said he could no longer order Trillanes’ arrest under the legal principle of immutability of a final judgment.
